DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4961)

CORVEX INDUSTRIES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 MAY 2021

Application for approval of the Corvex Industries Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of a greenfields agreement known as the Corvex Industries Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a collective agreement with Corvex Industries Pty Ltd, covering the period from 2020 to 2022. Corvex Industries contested the application, raising concerns about the fairness and enforceability of certain provisions within the agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved the fairness and enforceability of specific clauses in the collective agreement. Corvex Industries argued that certain provisions, particularly those relating to wages and conditions, were not fairly negotiated and were potentially unenforceable. The Commission had to assess whether the agreement was made in good faith, was free from coercion, and whether it complied with the statutory minimum standards set out in the Fair Work Act.

The Commission considered the arguments presented by both parties and examined the content of the agreement in detail. It found that the agreement was fairly negotiated and did not contain any clauses that were contrary to public policy or unfair to the employees. The Commission was satisfied that the agreement met the statutory requirements for approval, as it complied with the minimum standards and did not include any unenforceable provisions. Consequently, the Commission approved the collective agreement, allowing it to come into effect from the specified period.

The Fair Work Commission approved the Corvex Industries Pty Ltd and CFMEU Union Collective Agreement 2020‒2022. The Commission found that the agreement was fairly negotiated, complied with the statutory minimum standards, and did not contain any unenforceable provisions. The decision provides clarity for both parties and ensures that the agreement can be implemented as intended.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established